I now have the data for  appeals for those primary and secondary schools in Kent, whose appeals were heard by an Independent Appeal Panel organised by KCC. In previous years I have had the data for all schools at this time, but figures for the 26 secondary schools who organise their own appeals will not be available until later in the year. I do not publish school by school data here, as it varies so much year on year, depending on the pressure on places, the decision of the admission authority (in most cases the school)  as to how hard to resist the appeal and the make up of the panels. However, I do identify below where there are particular trends. 

Details follow.........

The first Kent Group appeal hearing took place last night at Maidstone Grammar School for Girls. I have commented on this innovation earlier, see below. The hearing considered solely general issues of oversubscription; individual cases will be heard during the week. It appears to have been a very civilised occasion, ..........

I am receiving a number of enquiries about oversubscription appeals.These are where the school (it may be non-selective or grammar) is full. I am advising some parents to put in a holding appeal (simply writing "I am appealing for a place for my child (name) at (name) school. A more detailed letter will follow" on the form, which means you do not need to submit full details by deadline day). You can then leave submitting a detailed letter until after 4th April when the first round of reallocations takes place in Kent (Medway 21st March). I am happy to delay taking on clients until that time, when you will know whether an appeal will be necessary. Also the pressure on myself is less, and so I am able to turn around an appeal letter more quickly. Please feel free to contact me if you wish clarification on this.

I shall be on Radio Kent between 8 and 9 in the morning of Wednesday March 2nd, and possibly later on, answering questions and talking about transfer patterns and issues.

Decisions arrive by email for those who have applied electronically after 4 p.m. on March 1st. With some 80% of the 20,000 children involved in Kent and Medway having completed online applications, this can still be a lengthy process, with some families waiting several hours for their decision. All applicants will have a letter posted on that day aimed to arrive by post on March 2nd setting out the school allocated and the procedure if you wish to appeal for a school you have not been offered.

Please note, if you now wish to apply for a new school in Kent that you have not previously listed, there is a new system forcing you to go through the bureaucratically cumbersome In Year Admission process, details here, or from KCC.  For Medway it appears much quicker, a complete turn around from two years ago when you couldn't even apply for new schools at this stage.

I am already arranging consultations for clients, so please contact me as soon as you know the school to which you have been allocated. Remember, the minimum you need to do to appeal is to write on the form provided:  "I am appealing for a place for my child (name) at (name) school. A more detailed letter will follow". This enables you to take your time over putting your appeal together without needing to rush to meet deadlines.

Several firms of Kent solicitors are now offering appeal services at fees which appear to be some £160 per hour or more. Please remember that preparing school appeals are not primarily legal matters. I believe my own experience of over 600 successful school appeals over the past eight years, together with my extensive knowledge of admission and appeals matters across Kent and Medway is a strong recommendation in itself.

Amongst the less publicised voluntary roles in the county is that of the Independent Appeal panellist. The overwhelming number of appeals are for school admissions with some being for school exclusions. Last year KCC organised 2672 admission appeal hearings for all types of school with one, Wilmington Grammar School for Boys, attracting 100 appeals all heard by the same Panel of three volunteers. Many other admission appeals were heard by Panels organised by individual schools or independent organisations  who specialise in this service.

So who is an appeal panellist?  For admissions, at least one of the three has to have experience in education which can be as a current parent of a child at school, or having knowledge of educational conditions in the area but is often represented by a retired teacher.  Again, at least one is a lay member, without personal experience in the management or provision of  education in a school (although governors are permissible!).  In all cases, panel members must not have a connection with the school in question which might raise doubts about their impartiality.

All panellists must be trained every two years on the regulations and procedures relating to appeals that typically takes a day.  Some training equips panellists to hear appeals for all types of school, other approaches focus on particular types of school, of which there are many in Kent!

I appear before some panels and have reports back on many other hearings. From my experience I consider that the vast majority of panellists are carrying out what can be a very difficult role judging between the needs of the school and those of the child. However, those panellists I talk to generally find this a satisfying role except where they anguish over difficult decisions for, however strong the case, there are occasions when there simply isn’t room for a school to take in another child.

Many parents emerge from an appeal and even if they lose are content that they have had a fair hearing. That is the measure of success for a panellist who has given up his or her time to ensure the system can operate, for without volunteers there would be no appeals. If you are interested in volunteering, I am sure KCC would be very happy to hear from you, telephone 01622 694358.

However to all panellists who may feel your work is not appreciated it is, and thank you on behalf of parents throughout the county.

I have published a recent news item on proposed changes to the free school transport scheme in Kent. The attached appendix in this section provides statistical information on the number of children currently (2011) elgible for free school transport.

• If your child has been awarded a place at the nearest appropriate school, you may be eligible for free transport.
• The nearest appropriate school can be your nearest non selective school, your nearest denominational school, or your nearest grammar school.
• If you applied for the nearest appropriate school and it was full, then the ruling applies to the next nearest and so on.
• The criterion in Kent & Medway is three miles for a secondary school, and two for a primary school.
• This is calculated by the shortest walking route (which excludes for example the M2 in Medway!).
• Medway has a list of some schools in their admission booklet, where free transport applies.
• Medway parents living on the Hoo Peninsula have had considerable success with appeals for transport to Medway Grammar Schools (not necessarily the nearest) and if relevant to you, don't be put off. I am happy to support parents for such appeals.
• In both Kent & Medway, appeals against transport decisions are initially to a Panel of Councillors, and there are successes each year, often on grounds of wrong measurements. Medway appears more flexible for 'exceptional circumstances'.

Secondary school transfer statistics 2010 entry

Please note that the large majority of successful primary appeals would be for junior classes, as Infant appeals are governed by Infant Class Legislation (see Primary admissions page).

Foundation and Voluntary Aided Schools  

In addition there are a number of schools that do not use KCC Appeal Panels. Statistics are not available for these. 

Statistics vary enormously school by school. For grammar schools the proportion of successes range from 76%  of 33 appeals (an LEA school) down to 7% of 108 appeals (a Foundation School). For non selective schools, there were five schools where all appeals were successful, but one Foundation school with just 10% of 20 appeals successful.

 Secondary Transfer Statistics 2009 entry

There was  a total of just 131 vacancies in Kent’s 33 grammar schools, at National Offer Day in 2009  mainly in the east of the county.  The problem is that the 268 out county children who took up places in West and North West Kent Grammar schools displaced many children from these areas eastwards, some to grammar schools they cannot reach daily, with more than 40 boys West Kent boys offered places in Folkestone or Sittingbourne. 

The biggest influx is into the four Dartford grammar schools with 29 children coming from Greenwich and another 15 from Lewisham. Bromley took up 59 Kent grammar school places, Bexley another 56 and East Sussex 50.

Most oversubscribed grammar school was Tonbridge (101 turned away), edging out Judd from last year (95). These were followed by Skinners, Dartford, Weald of Kent, Tunbridge Wells Boys, Maidstone, Tunbridge Wells Girls. This year’s problem is highlighted by these eight schools who all turned away more than 40 qualified first choices. Last year there were just three, the same top schools as last year.

However, for the second year running the most oversubscribed school in the county is the Leigh Academy in Dartford, rejecting 200 first choice applicants.

One striking feature of non selective school placements is the wide fluctuation in popularity from year to year. I think the biggest controversy in the county surrounds Valley Park School in South Maidstone, whose popularity has soared this year, turning away 106 first choices, up from 16 in 2008.  Other non selective schools rejecting more than 60 first choices are: Folkestone Academy (newly rebuilt); Homewood (Tenterden); Bennett Memorial (Tunbridge Wells);  Westlands (Sittingbourne), Charles Dickens (Broadstairs), North (Ashford), Archbishops’ (Canterbury); Aylesford (rebuilt under PFI and not even full last year); Mascalls (Paddock Wood) and Fulston Manor (Sittingbourne). Only half these schools were in this list last year showing how difficult it is to predict popularity.

At the other end of the scale, four schools were over half empty before children unsuccessful in any of their applications were allocated to them..

Secondary Transfer Appeal Statistics 2008

LEA or Community Schools

Foundation or Voluntary Aided Schools

These are appeals organised by the KCC for these schools. Many Foundation and VA Schools organise their own appeals and I do not have data for these. 

Note: these statistics hide a multitude of sins. One LEA Grammar school had 55 successful appeals, others have very few. Grammar School appeals include both selection appeals (where the child do not pass the Kent test, and oversubscription appeals (where many appellants may have passed the Kent tests and be seeking a place in schools that are full). 

 I don't often take on appeals, as Infant Class Legislation means success rates are very low and I Will only get involved if there is a chance. However I am always happy to give advice through my telephone consultation service. Please feel free to send me details of your dilemma, through the contact me page and I will: (a) tell you if I have no relevant advice; (b) come back with a succinct answer; or (c) suggest I can help.

For all problems, first piece of advice is don't panic. If you are going to appeal it is better to reflect what you are going to write in your appeal statement rather than dash something off in the hope it will be looked at early, or you will get priority in an appeal because you got in first. You won't. If you have been given none of your choices and have been allocated a school that does not make any sense, it may be worthwhile contacting KCC admissions to see if there  is a better alternative that has vacancies. This will not include one of your choices as these will all be full.

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• First piece of advice on Primary School appeals is – don’t panic. You will not get an earlier appeal or a better hearing by sending in your case early. If you are not ready, make sure you record your appeal by the closing date, using such words as “I am appealing for….... I will send in my detailed case when it is ready”. This enables you to take advice or plan your appeal without additional pressure (it is already stressful enough!). Following several queries on this - the rule is: "Parents should also be informed that there is no statutory time limit for submitting information about their appeal".

• Appeals for places at primary school are very difficult because of a government ruling that no infant class should have more than 30 pupils. However, I have secured success at primary school appeals, and ensure that parents make the best case possible. One of my recent clients won an appeal for his son to an infant class in a catholic primary school. His twin sister had already been offered a place initially. Another won a place after fraud by another parent was demonstrated. A third won a case after we demonstrated doubt over the distance measurement. Another is featured in a Report published by the Local Government Ombudsman here. Another was also taken to the Local Government Ombudsman where we secured a place after demonstrating that the Local Authority had made mistakes in applying the oversubscription criteria. Another won a place after we demonstrated that the Admission Criteria were unfair.

• Of the 541 appeals for Reception Classes for entry to Kent Primary Schools for September 2010, just 22 were successful where there were class sizes of 30 children or a multiple of this in the Planned Admission Number. Although this is a higher success rate than in previous years, the overwhelming majority are still likely to be children with very special circumstances (two of them my cases!). Another 47 places were won on appeal where the Planned Admission Number is not a multiple of 30. I am prepared to take on appeals where there is a chance of success, but if you can't see you have a special case, you are unlikely to have one. Remember, if you wish to appeal, all you need to do initially is to use a form of words nsimilar to "I am appealing for a  place for my child.... in the Reception Class at ..... School. A more detailed letter will follow", and then submit your detailed case later.

• I am sorry to be so negative, but Infant Class Legislation is very tough. Parents often ask me what the point of an appeal is in such circumstances; quite simply it is your legal right. Sadly, for nearly all of the 768 Kent children who were offered none of their choices in  2011, your only chance is through the waiting list process. Schools should be in a position to advise you of this at the appropriate time; also of the distance from the school to the home of the furthest child accepted the previous year and the distance from the school to your own home.

last updated 4 May 2011

I am receiving a number of enquiries about oversubscription appeals.These are where the school (it may be non-selective or grammar) is full. I am advising some parents to put in a holding appeal (simply writing "I am appealing for a place for my child (name) at (name) school. A more detailed letter will follow" on the form, which means you do not need to submit full details by deadline day). You can then leave submitting a detailed letter until after 4th April when the first round of reallocations takes place in Kent (Medway 21st March). I am happy to delay taking on clients until that time, when you will know whether an appeal will be necessary. Also the pressure on myself is less, and so I am able to turn around an appeal letter more quickly. Please feel free to contact me if you wish clarification on this.

To make an appeal for a Kent school you should download an appeal form here.

• You will find the most recent appeal statistics for both Kent and Medway here.
• There is a new Code of Practice for School Appeals, issued by government, taking effect from March 2009. Some key issues are set out at Code.
• If your child is not allocated their first preference school in March, you may be able to secure a place at a school higher in your list through appeal.
• First piece of advice is – don’t panic. You will not get an earlier appeal or a better hearing by sending in your case early. If you are not ready, make sure you record your appeal by the closing date, using such words as “I am appealing for….... I will send in my detailed case when it is ready”. This enables you to take advice or plan your appeal without additional pressure (it is already stressful enough!). If yours is one of the few Foundation schools that organises early appeals, you can still send in your case when you are notified of the date, without penalty.
• Appeals are always possible for non selective schools when the number of pupils applying for a school is larger than the approved number of admissions.
• Kent admission rules allow parents to apply to any school not on their original list after April 4th using the In Year Admission process. Use this to the full, as at the least you are placed on a waiting list and then have rights of appeal. Some children who did not originally apply for a school and who now apply after April 4th will be offered places ahead of others on the waiting list.
• You will be asked to submit a case and appear personally at the Panel hearing. The best grounds for appeal are where families can show that the admission of another pupil will not damage the education of those already admitted, where another child has been wrongly selected ahead of their own, or that the admission policy has been interpreted wrongly. Some Foundation & VA schools are keen to admit additional pupils, and in such cases the appeal is much easier, if you have a reasonable case, or your child appears to ‘fit’ the school ethos.
• Each oversubscribed school has its own character and approach to appeals for additional pupils.
• Grammar school oversubscription appeals can be very complex, as appellants may have children who have passed the eleven plus, others will not have, and the appeal panel has to balance competing claims.
• I advise on the expected appeal pattern for each school, and the best strategy to achieve success. I offer a range of services for parents, including writing the appeal letter & preparing the case for the appeal . I do not normally attend appeal hearings, as Panels are more interested in talking directly with parents. However, I am happy to represent parents where there is technical evidence to present, or where parents are not confident of making the case I will have prepared for them. Whichever package parents select, I ensure the best case is put forward and have a very good record of success.
• Remember, at the end of the day, if the school is genuinely full there may be no way to secure admission.

Kent County Council is experimenting with a new approach for some of its Appeal hearings this year, where schools are heavily oversubscribed. Schools where this process is being used for the first time  include Maidstone Grammar School for Girls, Tunbridge Wells Grammar School for Boys and Simon Langton Grammar School for Girls.  The Admission Code for School Appeals recommends that where a school is oversubscribed, appeals should be divided into two stages, although Kent County Council has not followed this recommendation in previous years. Where this happens, the first part is called the group stage, where all parents appealing are invited to a meeting at the start of proceedings. At this meeting, all the issues relating to oversubscription are debated between parents and the Admission Authority Presenting Officer in front of the Appeal Panel. No matters relating to individuals are  considered. This enables the Appeal Panel to determine before hearing individual appeals how many children, if any, can be admitted before prejudice applies (see section on appeals).  The second stage is the individual appeal where each parent puts the case for their individual child. In the second stage there is no discussion of oversubscription issues. The Panel then has to decide which children should be offered places, possibly accepting that for some, there will be prejudice, but their individual circumstances outweigh this. I have some experience of the system, as Medway Council has used it for many years with, in my view, mixed success. Many parents are inhibited at the Group meeting and find it difficult to put forward their points. At some meetings the meeting rapidly degenerated into an unpleasant verbal battle (I don't see this happening at the Kent appeals); at others very few parents turned up,few views were expressed and the meeting fizzled out (more likely). My advice is go to the meeting, at the very least you will see the Appeal Panel members in advance. Don't be afraid to speak out if you believe the school is capable of admitting extra children although this can be come quite a technical argument and school cases for not admitting additional children can be quite intimidating.  You won't affect your individual chances by making the case that more children in general can be admitted. In Medway where Appeal Panel members were used to the process, they engaged in quite vigorous and challenging questioning of the Admission Authority. One would expect that KCC panellists will have been trained to carry out similar rigorous questioning. However, where there is no Group Appeal  (all KCC Appeal Panels up to now), questioning on prejudice is required to take place in every appeal and can be quite perfunctory and formulaic, so there does need to be a  change of approach.   One of the strongest arguments year on year comes from looking at the numbers in older year groups. If the school can manage these, then why shouldn't it manage the same number again. -------- This is a new article on a new theme and I am very happy to accept suggestions and ideas to improve it.

The  Code of Practice for School Appeals came into operation for appeals in 2009, and can be found here (make sure you consult the 2009 version). Ther were minor changes for 2010, but it was decided not to issue a fresh booklet.